Articles Posted in Personal Injury

In the early hours of a recent morning, tragedy struck Cedar Street in Lansing, where a two-car collision ended in the loss of one life and left another individual injured. This article, penned from the viewpoint of an attorney who might be counseling the parties involved, will dissect the event, examining the circumstances, the role of authorities, and the legal avenues that might be pursued.

The Incident and Immediate Response

On July 21, shortly after 1 a.m., two vehicles were involved in a serious collision on Cedar Street, close to Erie Street in Lansing. One vehicle, while heading southbound, lost control and violently collided with a tree in the vicinity of the Riverfront Apartments. The Lansing Fire Department rushed to the scene and fought to save the life of the individual trapped in the wrecked vehicle but was unable to prevent the tragedy. The person succumbed to their injuries on the spot.

In a distressing turn of events at the Allegan July 3 Jubilee, a fireworks misfire injured several spectators. On the eve of Independence Day in Allegan, Michigan, the annual celebratory event was marred by an unfortunate incident involving fireworks that went awry.

The city’s yearly tradition typically involves a spectacular display of pyrotechnics hosted by Wolverine Fireworks Display, a company that has been lighting up the skies over Allegan since 1979. Contracted for three annual shows, Wolverine coordinates a remarkable presentation, incorporating both pontoon boats floating in the Kalamazoo River and a proximate display located roughly 90 feet from the pedestrian boardwalk.

The Incident and its Aftermath

Personal injuries can be devastating, both physically and emotionally, and they can also lead to significant financial costs. In Michigan, individuals who have been injured due to the negligence of others have the right to pursue compensation for their injuries through a personal injury claim. In this article, we will discuss the process of pursuing a personal injury claim in Michigan and how a lawyer can help.

Types of Personal Injury Claims

There are many different types of personal injury claims that can arise in Michigan, including car accidents, slip and falls, dog bites, medical malpractice, and more. In order to pursue a personal injury claim, the injured party must be able to establish that the other party was negligent and that this negligence led to the injury.

Michigan – January 20, 2023

Two friends in Northern Michigan found out that showing up to support a friend does not always yield positive results when one was arrested during a traffic stop.  According to troopers from the Michigan State Police Gaylord Post, a woman was stopped in Otsego County after police suspected her of operating a vehicle while intoxicated.  She called her friend to help, and the friend arrived and was promptly arrested for OWI as they had been drinking together earlier.  Alcohol and drug-related fatal crashes remain a significant traffic safety issue in Michigan, with approximately 44.7 percent of the total fatal crashes involving alcohol and drugs in 2021. Drunk driving is considered an illegal criminal act in Michigan and the consequences of a driving-related death due to operating while intoxicated can severely and negatively impact the negligent driver’s life no matter how the case turns out.

Severe stance.

shutterstock_84041677-300x200Recently, the Michigan Court of Appeals ruled that a previous amendment to Michigan’s insurance laws was unconstitutional, reversing the amendment in a way that is now favorable to individual policy holders across the state. The ruling comes as a victory for victims of car crashes that find themselves in need of money for medical care and that might normally face uphill battles in getting their insurance companies to compensate them for their care.

In 2019, a significant change to Michigan’s no-fault auto insurance law made it so that many insurance companies could take reimbursement away from injured Michiganders after their accidents occurred. Individuals that had previously paid for lifetime medical care in their insurance policies often saw their benefits slashed when they then became victims in a traffic collision and needed more intense medical care. As a result, these same victims often lost access to critical care when they needed it the most.

Late last month, however, a three-judge panel on the Michigan Court of Appeals decided that changing the terms of patients’ coverage after their accidents violated the Michigan constitution. Now, because of the ruling, insurance companies are unable to cut victims’ coverage after they are involved in any kind of car accident. If a Michigan driver, then, has enrolled in coverage that provides for full-time care and that driver then becomes the victim of an accident, their coverage will stay in place after the accident occurs.

shutterstock_676181746-300x200Every day, there is a wide range of different vehicles being driven by individuals, including what are known as off-road vehicles. Off-Road Vehicles, or ORVs, are motor-driven recreational vehicles that are capable of cross-country travel and that are meant to be used off-road or on dirt roads. ORVs are not meant to be driven on paved roads or highways. These vehicles are capable of traveling on land, snow, ice, marsh, and other landscapes. ORVs include all-terrain vehicles (ATVs), motorcycles, utility terrain vehicles (UTVs), and other similar vehicles. ORVs can have different sizes depending on the type of vehicle. For example, ATVs can weigh more than 600 pounds, in addition to being able to reach speeds of 65 mph or more.

In a recent news article, a 17-year-old Greenville resident passed away after an ORV accident in Otisco Township. According to the report, the 17-year-old driver and an 18-year-old passenger were riding in the ORV when the vehicle flipped over. The 17-year-old driver died in the crash, while the 18-year-old passenger was taken to a local hospital with minor injuries. Initial reports suggest that speed and recklessness were likely factors in the accident, and neither individual wore a helmet at the time of the accident.

In the state of Michigan, ORV license and trail permits are valid for one year, which begins April 1 and ends March 31 of the following year. The Michigan state government website includes information about permit requirements and trail etiquette, in addition to reminding people that operators under the age of 16 in Michigan are required to take an approved ORV education course.

Continue reading

shutterstock_1329029651-300x200Michigan recently underwent drastic changes to its automobile insurance laws. Despite general guides and notices about the change, many people are left confused about how the reform will impact their right to recovery after a Michigan car accident. For 50 years before the change, Michigan followed the no-fault auto insurance system. Lawmakers framed the no-fault insurance system to allow accident victims a straightforward and efficient way to file claims and recover damages. Further, the law was designed to address the growing number of personal injury lawsuits. Under this framework, Michigan motorists generally carry unlimited medical coverage to cover expenses if they experience injuries in a car accident.

Under the new system, insurance companies must provide motorists with more choices that may fit their specific needs more adequately. Before the change, Michigan drivers had to carry unlimited Personal Injury Protection (PIP) insurance coverage. PIP coverage is medical and rehabilitation insurance benefits that an accident victim can claim.

Now, the law allows Michigan motorists to keep unlimited PIP coverage or choose from six other options. The other options include the following:

Photograph of Close Look at Retina of the EyeMedications are meant to bring relief and peace of mind, but when your treatment begins to attack unrelated areas of your body, that peace of mind can be compromised. In June 2020, the Food and Drug Administration (‘FDA’) issued a Labeling Change related to the prescription drug Elmiron used for a bladder condition. This label change gave warning that Elmiron can cause issues with eyesight. Although there has been no recall, users were advised to get regular eye exams and stop using it if they notice problems with their vision.

Elmiron is used to treat pain and discomfort from interstitial cystitis (‘IC’), a painful (and common) bladder condition which is difficult to treat and often mistaken for urinary tract infections. Elmiron is believed to help with the pain from this condition by attaching to the bladder wall and creating a barrier to prevent more damage. Elmiron has been prescribed to treat this condition for decades and is the only drug approved by the FDA to do so.

After a troubling study at Emory University in 2018, researchers wrote a letter to the Journal of Urology stating they found that long term use of Elmiron can cause serious damage to the retina. This “pigmentary maculopathy” comes from injury to the outer layer of the retina. Physicians at Kaiser Permanente took this warning seriously and reviewed medical records of over four million of their patients and were able to actually study 91 of them who had been taking Elmiron over a long period of time. Around one-quarter of the patients examined were found to have significant damage to the retina which had previously—and unfortunately—been attributed to other diseases that affect the eyes.

Okay-Bone-240x300Motor vehicle accidents (“MVAs”) are extremely dangerous. An average mid-sized sedan weighs about one-and-a-half tons. Even when moving at relatively low rate of speed, the force of a one-ton collision is enormous. A head on collision is far worse. If a vehicle going 47 mph strikes another vehicle traveling 64 mph, the collision is of a similar magnitude to a vehicle traveling at 111 mph ramming into a concrete barrier. Modern safety features have dramatically reduced the risk of injury in a MVA, but there is little technological innovation can do to offset the impact of a high-speed head-on collision.

Some MVAs cause immediately life-threatening injuries. First responders take the injured directly to a hospital for critical care. However, other incidents may not cause injuries that require the same type of immediate life-saving intervention. The injured party will be offered the option to travel to a hospital in an ambulance, but instead of accepting emergency transport, the individual injured will decline for a number of reasons. He or she might feel embarrassed or ashamed of being in an accident; the cost of the ambulance service will cause financial hardship; the idea of taking an ambulance when not in a life-threatening situation may feel selfish; pride may play into the decision-making process; or the injured person may just not feel like they’ve suffered a severe enough injury to justify that level of attention.

While some of those who decline emergency transport may go directly to the emergency room by other means, many decide to wait and see their primary care physician. Others will not seek medical attention at all, or simply decide that the injury is not severe enough for pay for the office visit, waiting to see if the injury heals on its own. While financial concerns are valid—our system’s fundamental flaw is that seeking medical treatment can end in bankruptcy—it is always wise to see a doctor after an MVA.

Leveraging-300x200Tort law principles will ensure businesses and institutions place safety over efficiency and profits while the country begins to restart economic activity. America’s complex relationship with personal injury lawsuits stokes a collective cognitive dissonance, where our most treasured values are locked in conflict. We hold justice, accountability, and sympathy as individual and cultural ideals. When a community member is injured, whether physically, emotionally, or financially, societal norms dictate communal action, surrounding the suffering individual with comfort and support. On the other side of the same coin, society expects individuals responsible for another’s injury acknowledge their fault and expend proportionate resources to repair the damage done. Personal injury lawsuits advance these ideals, forcing compliance with our cultural values under the authority of the state.

At the same time, self-determination and self-reliance are both elemental components of our nation’s social fabric. For better or worse, we often credit an individual’s circumstances as a function of his or her integrity and fortitude. In the immortal words of Joseph P. Kennedy, “When the going gets tough, the tough get going.” Since the 1970s, insurance companies and corporate interests have waged a war on personal injury law through a process labeled as “tort reform.” Although this article is not intended to dive into that complex subject, tort reform met with some success coloring personal injury lawsuits as the vehicle of the sneaky and weak to obtain untold sums of undeserved money.

In the tort reform era, the role personal injury lawsuits play in advancing public interests is sometimes overlooked. From reigning in overzealous pharmaceutical companies from prematurely introducing new, untested drugs, to holding manufacturers to account for profiting from dangerous consumer goods, tort law has saved Americans from countless injuries and deaths. It is critical for our safety that business interests operate under the threat of litigation to reign in risky commercial gambits.

Contact Information